Greg Ziegler, Bryan Rutherford, and Bill Gardner win dismissal for engineer and engineering firm

Plaintiffs sought to develop a residential subdivision in San Benito, Texas, and hired the engineer and engineering firm to design the development and to supervise the construction. When the development did not meet certain municipal code requirements, Plaintiffs alleged a variety of claims against the engineer and engineering firm. Defendants moved to dismiss Plaintiffs’ claims for failure to comply with Chapter 150’s Certificate of Merit requirements; the trial court denied the dismissal motion.

On appeal, the Corpus Christi Court of Appeals held that Plaintiffs’ Certificate failed to establish the claims against Defendants had merit, and that dismissal of all claims was appropriate.

Click here to view the appellate opinion for Noe Garza and Noe Garza Engineering, Inc. V. Joe Carmona and Celina Carmona